Nassau: 366 North Broadway Suite 410 Jericho, NY 11753
Suffolk: 445 Broad Hollow Road Suite 25 Melville, NY 11747
Call Us Toll-Free: (888) 572-0861 Email: jd@iwantmydisability.com
When you apply for group long term disability (“LTD”) at work you are supposed to get a decision in 45 days under a federal law known as ERISA. However, that is not usually the case, and almost invariably, the insurance company that typically acts as the claim administrator asks for additional time to make a decision. Nonetheless, I received an approval today from Prudential 45 days after filing an application for LTD benefits for a 53 year old woman who had worked for New York City.
Like many other LTD applications that I filed, I submitted supportive medical records and reports together with the LTD application forms. What made this application different? The answer appears to be that I submitted the claimant’s Notice of Award for Social Security Disability (“SSD”) benefits.
Most LTD plans deduct SSD and other disability benefits, such as workers compensation, from the LTD benefit. For some people that will completely offset the LTD benefit, and the entire amount of LTD benefits received will have to be repaid. My client’s SSD substantially reduced her monthly LTD benefits. Absent the SSD offset, it is likely that Prudential would have asked for additional time to review the application because its liability would have been significantly greater.
Previous NextDISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link. Past performance doesn’t guarantee future results.
Attorney Advertising
Copyright © 2023, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou